Sentences with phrase «on substantive amendments»

Not exact matches

Note, too, that the Senate Managers do not even mention the Senate amendment on § 111 (d)-- apparently because a conforming amendment superseded by a substantive amendment is not important enough to discuss.

On the other hand, the Hungarian Constitutional Court recently held that it it could review the procedural — but not substantive — regularity of an amendment; meanwhile the German Constitutional Court has affirmed its competence to assess both compliance with formal requirements and the substantive, entrenched constitutional principles of federalism and human dignity.

Fourteenth Amendment — all incorporated Bill of Rights claims, liberty and property interest claims based on procedural and substantive due process, name - clearing hearings, equal protection, and conditions of confinement for arrestees and pretrial detainees.

Orin, I read the text and some Eighth Amendment precedents to place substantive constitutional limit on certain types of extreme criminal punishments, and I am eager for the Justices to develop those limits more robustly in the context on very long terms of imprisonment.

After canvassing the leading substantive - consolidation standards and cases, Judge Jernigan determined that consolidation is appropriate under any test; her decision turned on a litany of facts and factors, including that (i) the company's «nerve center» is its Texas headquarters and all payroll for employees is effectuated from there, (ii) the company's centralized cash - management system and three bank accounts, (iii) all debtor entities were controlled by common officers and directors, (iv) the existence of substantial intercompany claims, (v) credible testimony demonstrated that preparing individual schedules was extraordinarily difficult and required numerous amendments, (vi) a substantial amount of creditors treated the debtors as a single unit, and (vii) that credible counsel had determined that the primary assets of many debtors — D&O litigation claims — are jointly owned by the debtors.

Green J. reviewed the caselaw on the issue, and concluded that in that case, where the intention of the judge was to impose two years (24 months) and not twenty - five months incarceration, and where the error, although not clerical or administrative in nature was «an error, a slip of the tongue or clerical change rather than a substantive change,» he concluded he still had jurisdiction to make the necessary amendment to the sentence.

Note: In its submission to the Parliamentary Joint Committee on Native Title the Attorney - General's Department stated that it is for «the Parliament to decide whether substantive equality was to be provided and, if it was, what that encompassed»: Quoted in Parliamentary Joint Committee on Native Title, CERD and the Native Title Amendment Act 1998, op.cit, p9.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained